Many people worry, "What will happen to my pets when I die?" Japan is an aging society, but pet lifespans have also increased significantly due to improved diets, widespread vaccinations, and advances in veterinary care. It's entirely possible that one of your pets may even outlive you.

What happens to your pet after you die? Under Japanese law, pets are not considered "people" and are therefore treated as "property." Pets owned by a deceased person are subject to inheritance, along with the deceased's savings, cars, and precious metals, and ownership of the pet is transferred to the heirs. In other words, the heirs take over as the pet's owner. If there are multiple heirs, the pet becomes shared property among all heirs. This shared status continues until the pet's inheritance is determined through estate division negotiations or other means.

If an inheritance dispute unfortunately arises, disputes can arise over who will manage and preserve the inherited property and how until the estate division is finalized. Pets, after all, are living creatures, so even more difficult issues arise, such as the need to quickly decide who will care for them and how. If a pet becomes embroiled in an inheritance dispute, there's a risk that it could end up without anyone to care for it.

Therefore, it's important to find someone who will properly care for your pet after your death. While the legal successor to your pet will eventually be decided through inheritance or estate division, having the rights of a pet owner and properly caring for your pet are completely separate issues. Having the rights of a pet owner means you can do whatever you want with your pet as long as it's not against the law. Even if your pet is euthanized at a public health center, you have no room for complaint. When leaving your pet behind, you want it to live in the best possible environment. Therefore, your first priority should be finding someone—a relative, friend, or animal welfare organization—who you can safely entrust your pet to after you pass away. Once you've found such a person or organization, you can then consider how to transfer ownership of your pet to that person or organization after your death.

Let's move on to a more detailed explanation.

1. Bequest with Encumbrances

First, Person A can write a will. A will is a gift of all or part of inherited assets to a third party. This is called a "bequest with encumbrances." In this case, rather than simply stating, "I bequeath my pet to Person B," it is advisable to add a condition (encumbrance) such as "I will take care of the pet until it reaches the end of its natural lifespan." This type of bequest is called a "bequest with encumbrances." Since the recipient is only obligated to fulfill encumbrances within the scope of the bequeathed assets (Article 1002, Paragraph 1 of the Civil Code), a bequest with encumbrances would also require Person B to separately bequeath sufficient assets (e.g., a certain amount of money or a specific bank account) to allow Person B to continue to keep the pet in the future. However, the recipient may renounce the bequest after the will has taken effect (Article 986, Paragraph 1 of the Civil Code). In other words, even if Person A has taken the trouble to write a will, if Person B decides, "I don't want that," Person B can renounce the bequest and not take the pet. Therefore, rather than simply writing a will, it is necessary to properly explain the matter to Mr. B and obtain his/her consent while you are still alive.

2. Mortis Causa Donation with Encumbrances
You can also enter into a Mortis Causa Donation Contract with Mr. B. A Mortis Causa Donation Contract is a contract that grants all or part of your assets, conditional on your death. Unlike option 1, this contract must be agreed upon with the recipient during your lifetime. It means "in exchange for making a gift, you ask the recipient to do something." This method has the advantage of allowing you to set detailed conditions during your lifetime and preventing Mr. B from unilaterally abandoning the contract unless there is a breach. Furthermore, since a contract is already signed rather than written unilaterally like a will, there is a higher chance that recipient B will properly fulfill their obligations.

3. Pet Trust
If you anticipate that pets will be involved in the inheritance dispute, such as in cases of intense emotional conflict between heirs, you should consider establishing a trust. A trust is an arrangement in which a specific person manages or disposes of property according to a specific purpose and performs other acts necessary to achieve that purpose (Article 2, Paragraph 1 of the Trust Act). Essentially, this is a contract in which you entrust your assets to a trusted person, who will manage and use them for a specific purpose. Using this system, you can leave assets necessary for your pet's survival. Trust assets are separated and distinct from your inheritance, so even if an inheritance dispute arises after your death, you won't be caught up in trouble, such as losing money to pet care costs.

Specifically, you first find someone to care for your pet (the beneficiary) and someone to manage your assets for your pet (the trustee). The person who wants to leave assets for their pet (the settlor) enters into a trust agreement with the trustee, entrusting the assets necessary for pet care. If something happens to the settlor and they can no longer keep their pet, ownership of the pet is transferred to the beneficiary, and the trustee will pay the pet's care costs from the trust assets. To explain this case, Mr. A looks for someone (let's call him Mr. T) to manage his assets for his pet. Then, Mr. A, Mr. B, and Mr. T will discuss the specific methods of pet care and the necessary care costs after Mr. A can no longer keep the pet, and then enter into a trust agreement. In the event that something were to happen to Mr. A, Mr. B would receive the pet from Mr. A and at the same time receive payment of the care costs stipulated in the trust agreement from Mr. T. In addition, a trust supervisor can be appointed to oversee whether Mr. B is properly caring for the pet and whether Mr. T is properly managing the pet assets. When selecting a trust supervisor, it is advisable to appoint a legal professional such as a lawyer who is experienced in asset management work.

"Forest scattering" is a natural burial where the remains are returned to nature. It is similar to "tree burial," which involves burial at the base of a tree, but is slightly different. While "tree burial" involves digging a hole in the ground and burying the remains in an urn, "forest scattering" involves grinding the remains into a fine powder beforehand and scattering them in the mountains. The remains are not buried underground, but rather scattered over the ground like the "Grandpa Who Made Flowers Bloom." In the wild, grass grows and bare ground is rarely found, so the white remains are not left in one place. The powdered remains gradually return to the soil as they are exposed to wind and rain. Furthermore, while in a typical "tree burial," the remains are exhumed and interred after a certain number of years, in the case of "forest scattering," the remains cannot be manually retrieved, so they rest there forever. Japan has a long tradition of "mountain worship," which views the entire mountain as a sacred object. ・・・

"Ocean scattering" is a funeral method that has become popular not only in Japan but around the world. Scattering ashes into rivers is not permitted in Japan, so this method seems to be gaining popularity. It is particularly popular as a way to say goodbye to a deceased loved one, and services such as chartering a motorboat or cruiser to scatter ashes offshore are popular. However, the drawbacks of this method include the fact that the ocean is easily affected by weather, which can suddenly result in a cancellation on the scheduled date, and the relatively high cost of chartering a boat. Our company, SANKOTSUYAMA, offers an "Ocean Scattering Plan," which uses our small boat, eliminating the additional cost of chartering a boat. All costs are included in the price. Furthermore, "ocean scattering" does not necessarily require the services of a specialized scattering company. Individuals are not prohibited from scattering powdered ashes into the sea. However, scattering ashes is prohibited near fishing ・・・